DUI or driving under the influence of alcohol is already considered a crime in the US; this makes all DUI charges heard in a criminal court.Anyone charged with DUI has the right to be represented in the court with the help of a private lawyer, or ...
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This case is primarily important because it conforms with 5th circuit law concerning the "Single Sentence Rule." As the case states "The single sentence rule instructs that whether to treat multiple prior sentences as a single sentence depends on ...
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The case of State of Arizona v. Rojas (Ariz. App. 2019) Case No. 2 CA-CR 2018-0271 illustrates the extreme problems that can be caused when someone starts recording a trial and a jury (with permission or surreptitiously). The Rojas case involved a...
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USA V. RODRIGO LOZANO (9th Cir. 2019) 17-50127 This 3-page opinion for a form of tax related fraud charged a violation of 18 U.S. Code §286, rather than the more often seen 18 U.S.C. § 371. The points that the defendant raised on appeal seem...
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STATE OF ARIZONA v. JOSEPH E. DUSTIN, AZ Court of Appeals, CA-CR 18-0399 8-27-2019 A time payment fee in a criminal case cannot be imposed when there was no corresponding penalty, fine, or sanction to trigger a statutory authorization of the ...
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USA V. Walter Prezioso (9th Cir. 2019) Unpublished, No.18-50056. (http://cdn.ca9.uscourts.gov/datastore/memoranda/2019/07/25/18-50056.pdf) Full Disclosure was set up in a jury instruction as a prerequisite to a “following in good faith” exception ...
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USA V. JOSEPH SHAYOTA (9th Cir. 2019) (No.17-10270-08/19/2019)(http://cdn.ca9.uscourts.gov/datastore/opinions/2019/08/19/17-10270.pdf) This case answers the question of whether a defendant’s civil record testimony can be introduced in a subs...
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USA V. SAMIR BENAMOR (9th Cir. 2019)(9/5/19)Argument that because firearms manufactured in or before 1898 do not qualify as “firearms” under § 922, the district court erred by refusing to instruct the jury that they had to find that the defendant ...
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A series of related cases illustrate the very bad results that can come from fighting the IRS in a non-direct way. We have heard informal rules of thumb regarding tax evasion. One rule of thumb might be that if you actually evade payment o...
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Arizona Supreme Court: Habit - character can show impulsivity to support crime mental state (mens rea), but evidence of brain injury cannot be used to support that purpose. STATE v. MALONE, SUPREME COURT OF THE STATE OF ARIZONA No. CR-18-0431-PR F...
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